A facility is in operation for the first three months of a reporting year, but does not exceed any activity thresholds for a listed TRI chemical and subsequently closes. The closed facility then demolishes buildings on the site. During this process, residual amounts of the TRI chemical are sent off site for further waste management. Does the facility need to count quantities of the chemical managed during demolition towards activity thresholds?
Demolition of materials or equipment containing TRI toxic chemicals, by itself, is not a threshold activity. Any TRI toxic chemicals used to perform demolition should be counted toward the otherwise use threshold and any toxic chemicals coincidentally manufactured during demolition should be counted toward the manufacturing threshold. Therefore, if no TRI chemicals were used or manufactured during demolition and an activity threshold was not exceeded while the facility was in operation, the facility, while subject to TRI reporting, is not required to submit a TRI report.
However, if the facility exceeded an activity threshold while in operation during the first three months of the reporting year or the facility exceeded an activity threshold based on the activities in the first three months coupled with any otherwise use of toxic chemicals to perform the demolition and any coincidental manufacture of toxic chemicals during demolition, then any releases and other waste management activities during those three months as well as during demolition activities would need to be reported on a TRI reporting form. Releases must be reported on the Form R unless the criteria are met for submission of a Form A Certification Statement in lieu of a Form R.